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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I bought a second hand jaguar 3 years ago with a 1 year

Resolved Question:

I bought a second hand jaguar 3 years ago with a 1 year Jaguar used warranty. The car had 70,000 miles on the clock. Last month I had a repair bill for a new air intake manifold which cost £1,700 for parts and labour. The plastic of this part had split, which was allowing air pressure to escape. This manifold is subject to high working pressures and in my view should have been designed by Jaguar using material that would not fail in such a short time period or mileage. I contacted Jaguar at the time of the repair, but they refused to contribute given the age and mileage of the car. The vehicle is a 3.0 litre V6 diesel which has now done 153,000 miles.
Do I have any way of recourse under Consumer Rights Acts with regards ***** ***** part not being fit for purpose and of poor design specification. The car was purchased new from Peterborough Jaguar and by me second hand from the same dealer. Does any redress lie against the dealer or Jaguar Cars.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Do you know if the part in question had been replaced prior to you replacing it?

Customer: replied 1 year ago.
Hello
Not according to the service records and invoices which I have from the dealership for the previous owner.
Expert:  Ben Jones replied 1 year ago.

Hi there and thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Many thanks
Expert:  Ben Jones replied 1 year ago.

No problem at all

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws, namely that it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. You will have no rights against the manufacturer.

They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower. This will be your biggest stumbling block here.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within the first month after purchase.

If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back.

I would say that you need some proof that these issues were caused by a badly designed part which had not failed due to fair wear and tear and was not affected by the mileage on the vehicle. You would have to get a specialist mechanic to look at this and provide a report backing these allegations.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wish to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. You would most likely be looking at compensation for costs associated with the repairs. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.